Opinion
March, 1917.
The complaint states a cause of action of trespass on plaintiff's person. ( Sullivan v. Dunham, 161 N.Y. 290.) Allegations of negligence and carelessness are irrelevant and not proper subjects of a bill of particulars. The order appealed from is, therefore, modified by striking out all allusions to charges of negligence, and eliminating the provision for a reference. This leaves in force the requirements for the bill of particulars numbered first, third and fourth, which plaintiff is to give within thirty days, with a stay until complied with. As thus modified the order is affirmed, without costs. Jenks, P.J., Mills, Rich, Putnam and Blackmar, JJ., concurred. Order to be settled before Mr. Justice Putnam.